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What Is GINA?
The Genetic Information Nondiscrimination Act (GINA) has been an active federal
law for five years. However, many employers still know little about the law apart
from its acronym. Enacted in 2008, GINA generally prohibits employers from
engaging in three types of conduct:
1.
Prohibits employers with 15 or more employees from discriminating
against an employee on the basis of the employee’s genetic information. “Genetic
information” is rather broadly defined and includes information from genetic tests,
the genetic tests of family members, and family medical history, but it does not
include an individual’s race and ethnicity.
2.
Prohibits employers from requesting an employee’s genetic information,
subject to certain exceptions.
3.
Prohibits employers from retaliating against an employee who has
opposed a practice made unlawful by GINA.